Difference/distinction between assault and battery Law of tort II University Law College Quetta

1. 4/12/2017
Distinction between Assault And Battery
Law of Tort II
Name
Ihsan Ullah
Roll No. 11
Class
LL.B. 2nd
Year
Semester 3rd
Assignment on
Difference b/w Assault & Battery
Submitted to
Miss Salma Nawaz

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Contents
Distinction between Assault And Battery ..............................................................................2
What Is Assault?.........................................................................................................................2
What Is Battery? ........................................................................................................................2
What Is Assault and Battery? ..................................................................................................2
Simple versus Aggravated Assault............................................................................................3
Assault Statute Example: Mississippi.....................................................................................3
Definition......................................................................................................................................4
Principle .......................................................................................................................................4
Dynamics ......................................................................................................................................4
Example of assault and battery.................................................................................................4
Legal Implications......................................................................................................................4
Aggravated Variants....................................................................................................................4
Understanding the Difference between Assault and Battery .............................................4
The Main Difference between Assault and Battery .............................................................5
Criminal Assault..........................................................................................................................5
Criminal Battery .........................................................................................................................5
Assault and Battery Charges.....................................................................................................5
Civil Complaint............................................................................................................................5
Civil Assault..................................................................................................................................6
Civil Battery .................................................................................................................................6
Assault and Battery across Jurisdictions...............................................................................6
Degrees of Assault.......................................................................................................................6
Punishment for Assault and Battery....................................................................................... 7
Variations of Assault and Punishments.................................................................................. 7
Defenses to Assault and Battery .............................................................................................. 7
Difference and Similarities....................................................................................................... 7
Comparison chart........................................................................................................................8
Conclusion....................................................................................................................................8
References....................................................................................................................................9

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Distinction between Assault And Battery
Assault and battery are a combination of threat and physical harm. The severity of harm caused decides the
charge of an assault and battery case. It could either be a misdemeanor or a felony according to common
law.
The crimes of assault, assault and battery, and aggravated assault all involve intentional harm inflicted on
one person by another. Any crime involving a physical attack (or even the threat of an attack) is usually
classified as an assault, a battery, or both. Depending on the seriousness of the attack (or the dangerousness
of the weapon used), these acts can rise to the level of aggravated assault. And more than one-sided attacks
can constitute assault. Fighting can lead to an assault charge, even when two people have mutually agreed
to fight.
What Is Assault?
Assault is sometimes defined as any intentional act that causes another person to fear that she is about to
suffer physical harm. This definition recognizes that placing another person in fear of imminent bodily
harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
This definition also allows police officers to intervene and make an arrest without waiting for the assaulter
to actually strike the victim.
Assault Case Example: Snider is walking down a city street carrying a bottle of soda. Mantle, walking
along the same street in the opposite direction, sees snider approaching. Because of Snider's reputation as
a hot-head, Mantle immediately becomes fearful that Snider will swing the bottle at him when their paths
cross. As they walk past each other, nothing happens. Snider has not committed an assault. Snider has a
right to carry a bottle of soda in public, and Mantle's fear of being hit was not the result of Snyder's
intentionally threatening behavior. But now assume that, as they draw closer, Snider draws back his fist and
tells Mantle "You're going to pay for stealing my collection of baseball pennants." As Snider begins to
swing his fist in Mantle's direction, Mantle sprints away and escapes harm. Here, Snider has committed an
assault. His intentional conduct placed Mantle in reasonable fear of immediate bodily harm.
What Is Battery?
Battery is the extreme stage of Assault. Battery is a violent contact between two persons, in which physical
contact must involve. A person, who commit battery not only threaten the victim but also become the cause
of any physical injury. This injury could be of any type, that could occur because of criminal’s physical
contact with victim like beating, use of any dangerous thing that could cause cutting of skin, use of weapon
that could cause severe injury etc. The law of battery is also applicable for those persons, who touch
anything related to victim’s body for the purpose of pay harm to victim like touching the hat or purse of
victim. Battery is that type of contact that must be intended. The punishment of battery is different in
different countries; however the type of punishment depends upon intensity of injury.
What Is Assault and Battery?
Historically, battery and assault were considered separate crimes, with battery requiring that the aggressor
physically strike or offensively touch the victim. In that way, a battery was a “completed” assault. Many
modern statutes don't bother to distinguish between the two crimes, as evidenced by the fact that the phrase
"assault and battery" has become as common as "salt and pepper." These days, statutes often refer to crimes
of actual physical violence as assaults.

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Simple versus Aggravated Assault
The criminal laws of many states classify assaults as either simple or aggravated, according to the gravity
of the harm that occurs—or is likely to occur if the assaulter follows through and strikes the victim.
Aggravated assault is a felony that may involve an assault committed with a weapon or with the intent to
commit a serious crime, such as rape. (Some assault laws name the aggravating factor—for example,
“assault with a deadly weapon.”) An assault may also be defined as aggravated if it occurs in the course of
a relationship that the legal system regards as worthy of special protection (see "Aggravated Assault Case
Example 2" below for more discussion). In the absence of factors such as these, the crime tends to be simple
assault, a misdemeanor.
As an alternative to classifying assaults as either simple or aggravated, some states recognize the different
levels of harm that they can cause by classifying them as first (most serious), second, or third degree (less
serious) assaults.
Aggravated Assault Case Example 1: Alyssa is walking alone late at night when a man suddenly
jumps in front of her and drags her into the bushes. The man strikes her a couple times and begins to rip at
her clothes. Fortunately, Alyssa strikes the attacker with a rock and runs away to safety. The attacker is
guilty of aggravated assault because the circumstances indicate that he assaulted Alyssa with the intent of
raping her.
Aggravated Assault Case Example 2: A male nurse in a nursing home facility fondles an elderly
female patient. The nurse may be convicted of aggravated assault in states that have enacted special statutes
to protect elderly or mentally ill patients against violence by caregivers.
WORDS ALONE CANNOT FORM AN ASSAULT
According to an ancient children's ditty, "Sticks and stones may break my bones but words will never harm
me." It turns out that words alone won't give rise to assault charges either. The general policy against
punishing people for naked threats recognizes that in the heat of the moment, people often make threats
they have no intention of carrying out. (That said, however, some crimes involve nothing more than
words—for instance, see Criminal Threats.)
Assault Statute Example: Mississippi
To get an idea of what a statute on assault looks like, take a look at this excerpt from Mississippi Code
(Section 97-3-7), which defines the crime of simple assault. As you'll see, simple assault in Mississippi
encompasses both acts that cause actual bodily injury and acts that cause fear of imminent serious bodily
harm.
A person is guilty of simple assault if he
(i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(ii) negligently causes bodily injury to another with a deadly weapon or other means likely to
produce death or serious bodily harm; or
(iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon
conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or
by imprisonment in the county jail for not more than six (6) months, or both.

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Definition
Any reasonable threat to a person is assault while battery is defined as use of force against another with
intent of causing physical harm without his consent. In other words, assault is the attempt to commit battery.
Principle
An assault can cause fear of impending violence in a person even though there is no actual violence
inflicted. Battery on the other hand trespasses into the comfortable personal space of a person without his
consent and causes him bodily harm.
Dynamics
Threatening an individual verbally is assault but hitting the person is battery. Assault and battery usually
occur together. Behavior such as pointing a gun at someone or waving a potential weapon constitutes
assault. As soon as waving advances to beating, the crime becomes one of assault and battery. Physical
contact with the body graduates the crime of assault into one of assault and battery. The elements of battery
are a volitional act, done for the purpose of causing an harmful or offensive contact with another person or
under circumstances that make such contact substantially certain to occur, which causes such contact.
Example of assault and battery
Throwing a rock at someone for the purpose of hitting him is battery if the rock in fact strikes the person
and is an assault if the rock misses. The fact that the person may have been unaware that the rock had been
thrown at him is irrelevant under this definition of assault.
Some jurisdictions have incorporated the definition of civil assault into the definition of the crime making
it a criminal assault to intentionally place another person in "fear" of a harmful or offensive contact. "Fear"
means merely apprehension - awareness rather than any emotional state.
Legal Implications
Both assault and battery are criminal offenses tried as a misdemeanor or felony based on the seriousness of
damage caused. Assault cases rarely stand alone in court of law since threats are difficult to prove. Physical
injury can be easily established and hence battery can be proved. Battery essentially involves assault but an
assault does not necessarily involve battery. The penalties rendered vary according to laws of jurisdiction
but both assault and battery are regulated by statutes.
Aggravated Variants
Aggravated assault is the display of willingness or ability to carry out the threat while aggravated battery is
making physical contact or touching the person with or without weapons in order to cause bodily harm or
restrain.
Understanding the Difference between Assault and Battery
While both assault and battery are crimes, they are not the same offense. It is common for the two crimes
to be confused or used interchangeably in conversation, though there is a key difference.
Despite being distinct crimes, people charged with either assault of battery are subject to harsh penalties if
they are prosecuted and convicted to the fullest extent of the law. Though the consequences of a potential

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criminal conviction can be frightening, a knowledgeable defense attorney could provide the resources
necessary to help avoid a conviction
The Main Difference between Assault and Battery
The main difference between a battery charge and an assault charge is the actual presence of harm and the
threat of harm. Someone can only be charged with battery if they have caused real physical harm to
someone, while a person can be charged with assault if the mere threat of harm is present.
Since the charges are distinct, they each have their own set of penalties, should a conviction occur.
However, someone facing either charge could be subject to fines as well as a jail sentence. Fortunately, it
is possible to fight against criminal charges with the help of a defense attorney.
Criminal Assault
Criminal assault is defined under state law. It is typically the lesser of the two charges. Assault typically
involves threatening another person with an act of violence with the physical ability to follow through with
the specific threat. This charge does not rely on whether the perpetrator actually followed through with the
threat. The crime itself is prefaced on the threat itself. Committing this crime can result in misdemeanor or
felony charges, depending on the circumstances and state law. Felony charges are more likely to arise when
the victim is threatened with a deadly weapon or when aggravated assault occurs. A conviction of a felony
may result in a long term of imprisonment and/or large fines.
Criminal Battery
While assault does not depend on whether the victim actually suffered harm, criminal battery does. Battery
occurs when the threat is carried through. Battery can result when another person is touched, groped or
injured in an unwanted fashion. This crime tends to be more serious than assault because it involves the
actual infliction of harm onto a victim. In most states, the battery does not have to be severe enough that it
leaves a mark. Sexual abuse typically qualifies as criminal battery.
Assault and Battery Charges
Being charged with assault and battery can result in long-term consequences if convicted. This set of
criminal charges makes it more serious because of the potential of being convicted of two serious, separate
crimes at one time. When a defendant is facing charges for battery, he or she will also usually be facing
assault charges. However, a defendant who did not inflict harm on another person may only be charged
with assault.
To protect their legal interests, a defendant being charged with either or both of these crimes may wish to
consult with a criminal defense attorney. He or she may formulate a defense strategy based on the
weaknesses in the case. These cases often rely primarily on the victim’s account of events. A criminal
defense attorney may review the evidence to determine any legal arguments against the admissibility of
evidence. He or she may also negotiate a plea agreement with the prosecution if this is in the defendant’s
best interest.
Civil Complaint
In addition to any potential criminal consequences, a defendant may also face a civil complaint regarding
assault or battery. In a civil case, the burden of proof is on the plaintiff, the person who is bringing the

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lawsuit. He or she must be able to prove each element of the case by a preponderance of the evidence,
meaning that things more than likely than not happened as the plaintiff said. Assault and battery are both
considered intentional torts, distinct from a claim of negligence.
If the civil complaint is successful, the defendant may be required to pay money damages for his or her
actions. Compensatory damages may be ordered, which include economic costs of the defendant’s actions,
such as medical expenses and lost wages. Punitive damages may also be ordered, which are money damages
awarded for particularly egregious actions on the part of the defendant. These damages are awarded when
the judge or jury wishes to punish the defendant and deter future conduct. In some states these damages are
awarded to the victim while in others they become part of a victim recovery fund.
Civil Assault
Assault is often defined as an intentional attempt or threat to cause injury to another person with the ability
to carry out this threat that causes the victim to suffer a reasonable apprehension of harm or offensive
contact. The apprehension must be reasonable from an objective viewpoint. Additionally, the threat must
be regarding an imminent harm. It is not enough for a defendant to threaten harm sometime in the distant
future. The victim must be aware of this threat in order for him to be able to prove these elements.
Civil Battery
In contrast to civil assault, civil battery does require actual contact between the defendant and the victim.
The elements of battery include the defendant’s intent to cause unwanted or offensive contact and he or she
does cause such contact.
Assault and Battery across Jurisdictions
In certain jurisdictions, assault and battery are often paired together as one offense. The reason for this is,
when someone commits battery they usually have the intent to harm, and threaten the person before
committing the physical act. There will also be different degrees of battery including first degree, second
degree, and third degree. Each degree describes how serious the crime may be.
In other jurisdictions, assault is defined in broader terms as any intentional physical contact with an
individual without their consent. In these states, the definition of assault encompasses the definition of
battery of other jurisdictions. Further, like the states that have separate definitions for assault and battery,
these jurisdictions generally have three degrees of assault. The degrees of assault determine the range of
punishment to be administered for the crime.
Degrees of Assault
First degree assault, the level of assault that is given the harshest punishment, generally includes severe
bodily harm and extreme indifference for the value of human life. Instead of using the category “first degree
assault,” some jurisdictions will use the term aggravated assault, which is just another way of saying it’s
the most serious form of assault.
Aggravated or first degree assault will usually include the use of a dangerous weapon in its definition.
Second degree assault will usually include the use of a dangerous weapon as well, but what makes second
degree assault different from first degree assault is either the intent behind the bodily harm, or the level of
bodily harm. Third degree assault is the form of assault that receives the lightest punishment. This is when

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a person attempts to injure another person, but does not, or when a person does injure a person, just not
physically.
Punishment for Assault and Battery
Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions
for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony.
Depending on the state, it is punishable by 5-25 years in prison. A crime of this nature in the second degree
is also usually classified as a felony, and depending on the state, is punishable by 1-20 years in prison. A
crime of this nature in the third degree is usually classified as a misdemeanor, which means that the person
will not spend more than a year in jail for the crime. This is the same for the jurisdictions that define assault
as only the threat of bodily harm.
Variations of Assault and Punishments
Other variations of assault charges include sexual assault (which can include rape and statutory rape),
assault on a minor or juvenile, assault on a peace officer, assault with intent to murder, and gang assault.
These are all generally classified as felonies. All of the above charges carry jail time and fines as well, and
the charges are almost always enhanced if the person has prior offenses on their record.
Defenses to Assault and Battery
While the definitions of degrees of assault or battery vary by jurisdiction, the most common defense to an
assault or battery charge throughout all jurisdictions is mutual consent. Mutual consent is when both parties
agree to the situation, meaning that there was not a one-sided attack. Other common defenses to assault and
battery charges include self-defense, defense of others, or defense of property. However, these defenses can
only be used when the force used to defend oneself or others was proportionate to the assault or battery the
individual intended to stop.
Any party charged with assault or battery should consult an experienced criminal defense attorney for the
best available defense to the charge.
Difference and Similarities
 The major difference between assault and battery is the amount of contact.
 In case of assault there is no physical harm to victim, it is just threat from criminal to victim.
 In case of battery, there must be some physical contact between criminal and victim.
 A person, who receives punishment of battery, is essentially guilty of assault. On the contrary, the
assault crime has no charges of battery.
 It is very easy to prove the offense of battery rather than assault. The reason is that victim can easily
prove the physical evidence of battery charge.
 The punishment of battery charge against a person is very tough as compared to assault.

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Comparison chart
Assault Battery
Justification Self-defense or defense Self-defense, defense, necessity
Common Law Intentional tort Intentional tort (Negligent tort in
Australia)
Important
aspect
Threat of violence is enough
to constitute assault; no
physical contact is necessary
Physical contact is mandatory
Purpose To threaten To cause harm
Nature of crime Not necessarily physical Definitely physical
Conclusion
It is the fact that both assault and battery are criminal charges, but they are different from one
another. This difference is amount of contact. However, a person who commits a battery crime
also has to face assault charge.
In Tort (when a private person sues another who injured them)
Battery is an unwanted, offensive touching. Can be spitting, punching, knocking a plate out of
someone's hand, etc.
Assault means attempted battery. Someone intended to batter another, and took some steps
towards doing it, but for some reason outside of their control, they failed.
The basic rule from common law is that battery is a physical touch and assault is the fear of
imminent harm. This is why you often see it termed as "assault and battery", as you had fear of
imminent harm before the baseball bat actually made a connection with your face.
Actually, in many jurisdictions (such as Maryland) battery has been entirely subsumed into Assault
in the criminal law. In Maryland, a charge of assault can refer to the threat of battery, the attempted
battery, or the battery itself.

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References
http://en.wikipedia.org/w/index.php?title=Assault&oldid=338214734
http://en.wikipedia.org/wiki/Assault_and_battery
http://en.wikipedia.org/w/index.php?title=Battery_%28crime%29&oldid=338572679
http://www.lomtl.com/articles/understanding-the-difference-between-assault-and-battery/
http://www.nolo.com/legal-encyclopedia/assault-battery-aggravated-assault-33775.html
http://www.differencebetween.com/difference-between-assault-and-battery/
http://criminal-law.freeadvice.com/criminal-law/violent_crimes/assault_battery.htm